Jump to content


  • veteranscrisisline-badge-chat-1.gif

  • Advertisemnt

  • Trouble Remembering? This helped me.

    I have memory problems and as some of you may know I highly recommend Evernote and have for years. Though I've found that writing helps me remember more. I ran across Tom's videos on youtube, I'm a bit geeky and I also use an IPad so if you take notes on your IPad or you are thinking of going paperless check it out. I'm really happy with it, I use it with a program called Noteshelf 2.

    Click here to purchase your digital journal. HadIt.com receives a commission on each purchase.

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • 0
Sign in to follow this  
gtdac

Claim Closed - But Still Have Questions

Question

Hello everyone,

I am currently rated 90% due to a plethora of issues (ugh). However, I have one rating of 60% for Interstitial Lung Disease (ILD) which is a result of mixed connective tissue disease. Recently I filed a claim for an increase for ILD due to the usage of outpatient oxygen therapy and also for sleep apnea as a secondary to ILD. Long story short, the claim closed two-weeks ago and I was granted service connection for the sleep apnea as a secondary to ILD (but I will receive the 60% for the ILD because it's the higher of the two and pyramiding is not allowed). Additionally, the rating did not list any reference to the usage of outpatient oxygen therapy. How do I go back and ask for this to be readdressed? If I missed something that may be deemed important, I apologize in advance.

r,
Glen  

Share this post


Link to post
Share on other sites

5 answers to this question

Recommended Posts

  • 0

@gtdac

It might depend on how they diagnosed the SA. It's kind of a weird rating because it also sits under the respiratory criteria because it impacts the respiratory system. Most of the time the VA considers it pyramiding with some other respiratory conditions, but there are a few cases where a separate rating can be applied. 

If the VA failed to consider oxygen use, my first recommendation is to check the rating criteria. Make your response easy for the VA to read. Spoon feed it to them. Quote the regulation/rating criteria, point back to your medical records showing you are on oxygen, and let them know you disagree with their prior decision.

Keep in mind that for rating increases, you can get a backdated effective date of up to 12 months if your evidence supports it.

  • Like 1

Share this post


Link to post
Share on other sites
  • 0

Did you get a varo decision?  If not wait for the envelope.  Once you get the decision you have some  choices:

1.   Appeal nothing.  There is nothing you need to do if you elect not to appeal.

2.  Appeal any/all of the following:

     a.  disability percentage(s), this can include SMC.  

     b.  effective dates.  

     c.  denial if some conditions were not service connected.  

Share this post


Link to post
Share on other sites
  • 0

Vync, thanks for your response. I was informed that I should do a reconsideration and state the information that you provided above. Thanks again, Glen.

Share this post


Link to post
Share on other sites
  • 0

broncovet, yes I did receive the VARO decision. I will probably submit a reconsideration and state that they did not provide utilize the evidence provided as it related to my claim. Thanks again, Glen.

 

Share this post


Link to post
Share on other sites
  • 0
7 hours ago, gtdac said:

broncovet, yes I did receive the VARO decision. I will probably submit a reconsideration and state that they did not provide utilize the evidence provided as it related to my claim. Thanks again, Glen.

 

Not sure if I understand you statement ( they did not provide utilize the evidence as provided) 

But at any rate.. it is your responsibility to make sure they get the evidence that shows you are on  Home oxygen for the Interstitial Lung disease... if they already had the evidence, then there is a Clear & unmistakable error ( CUE) because Interstitial Lung disease with oxygen is a 100% rating.  You will only get one rating, and yes I know this sucks, because I have  Asthma/COPD and Sleep apnea, and I only get a single 100% rating because of oxygen use. ( Which doesn't seem right that three diseases are only rated once,   and technically sleep apnea is not even a respiratory  disease.) If it was just two ratings and one was rated 60% and the other 50% they would bump it to the next higher rating, but when your already at 100% there is no way to bump it up.

  • Like 1

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Ads

  • Our picks

    • Tinnitus comes in two forms: subjective and objective. In subjective tinnitus, only the sufferer will hear the ringing in their own ears. In objective tinnitus, the sound can be heard by a doctor who is examining the ear canals. Objective tinnitus is extremely rare, while subjective tinnitus is by far the most common form of the disorder.

      The sounds of tinnitus may vary with the person experiencing it. Some will hear a ringing, while others will hear a buzzing. At times people may hear a chirping or whistling sound. These sounds may be constant or intermittent. They may also vary in volume and are generally more obtrusive when the sufferer is in a quiet environment. Many tinnitus sufferers find their symptoms are at their worst when they’re trying to fall asleep.

      ...................Buck
        • Like
    • Precedent Setting CAVC cases cited in the M21-1
      A couple months back before I received my decision I started preparing for the appeal I knew I would be filing.  That is how little faith I had in the VA caring about we the veteran. 

      One of the things I did is I went through the entire M21-1 and documented every CAVC precedent case that the VA cited. I did this because I wanted to see what the rater was seeing.  I could not understand for the life of me why so many obviously bad decisions were being handed down.  I think the bottom line is that the wrong type of people are hired as raters.  I think raters should have some kind of legal background.  They do not need to be lawyers but I think paralegals would be a good idea.

      There have been more than 3500 precedent setting decisions from the CAVC since 1989.  Now we need to concede that all of them are not favorable to the veteran but I have learned that in a lot of cases even though the veteran lost a case it some rules were established that assisted other veterans.

      The document I created has about 200 or so decisions cited in the M21-1.   Considering the fact that there are more than 3500 precedent cases out there I think it is safe to assume the VA purposely left out decisions that would make it almost impossible to deny veteran claims.  Case in point. I know of 14 precedent setting decisions that state the VA cannot ignore or give no weight to outside doctors without providing valid medical reasons as to why.  Most of these decision are not cited by the M21.

      It is important that we do our due diligence to make sure we do not get screwed.  I think the M21-1 is incomplete because there is too much information we veterans are finding on our own to get the benefits we deserve

      M21-1 Precedent setting decisions .docx
      • 5 replies
    • Any one heard of this , I filed a claim for this secondary to hypertension, I had a echo cardiogram, that stated the diagnosis was this heart disease. my question is what is the rating for this. attached is the Echo.

      doc00580220191213082945.pdf
      • 7 replies
    • Need your support - T-shirts Available - Please buy a mug or a membership
      if you have been thinking about subscribing to an ad-free forum or buying a mug now would a very helpful time to do that.

      Thank you for your support
      • 18 replies
    • OK everyone thanks for all the advice I need your help I called VSO complained about length of time on Wednesday of this week today I checked my E benefits and my ratings are in for my ankles that they were denying me 10% for each bilateral which makes 21% I was originally 80% now they’re still saying I’m 80% 

      I’m 50% pes planus 30% migraine headaches 20% lumbar 10% tinnitus and now bilateral 21% so 10% left and right ankle Can someone else please do the math because I come up with 86% which makes me 90 what am I missing please help and thank you
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
×
×
  • Create New...

Important Information

{terms] and Guidelines